"Captain Bryce was mistaken," said Mr. Austen. "This man was drunk at New York, like others of the crew. But he was sober and competent when on lookout. I discussed theories of navigation with him during his trick on the bridge that night and he spoke intelligently."
"But you yourself said, not ten minutes ago, that this man was in a state of delirium tremens up to der collision," said Mr. Meyer.
"What I said and what I will admit under oath are two different things," said the officer, desperately. "I may have said anything under the excitement of the moment—when we were accused of such an infamous crime. I say now, that John Rowland, whatever may have been his condition on the preceding night, was a sober and competent lookout at the time of the wreck of the Titan."
"Thank you," said Rowland, dryly, to the first officer; then, looking into the appealing face of Mr. Meyer, he said:
"I do not think it will be necessary to brand me before the world as an inebriate in order to punish the company and these men. Barratry, as I understand it, is the unlawful act of a captain or crew at sea, causing damage or loss; and it only applies when the parties are purely employees. Did I understand rightly—that Captain Bryce was part owner of the Titan?"
"Yes," said Mr. Meyer, "he owns stock; and we insure against barratry; but this man, as part owner, could not fall back on it."
"And an unlawful act," went on Rowland, "perpetrated by a captain who is part owner, which might cause shipwreck, and, during the perpetration of which shipwreck really occurs, will be sufficient to void the policy."
"Certainly," said Mr. Meyer, eagerly. "You were drunk on der lookout—you were raving drunk, as he said himself. You will swear to this, will you not, my friend? It is bad faith with der underwriters. It annuls der insurance. You admit this, Mr. Thompson, do you not?"
"That is law," said the attorney, coldly.
"Was Mr. Austen a part owner, also?" asked Rowland, ignoring Mr. Meyer's view of the case.